No. 21-347

Michael Jackson v. Donald Hudson, Warden

Lower Court: Tenth Circuit
Docketed: 2021-09-03
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: circuit-precedent federal-prisoner habeas-corpus mandatory-minimum saving-clause section-2255 statutory-maximum
Key Terms:
HabeasCorpus Punishment
Latest Conference: N/A
Question Presented (from Petition)

Whether a federal prisoner is entitled to bring a habeas claim under the saving clause of Section 2255(e) to challenge the unlawful application of a mandatory minimum sentence, and imposition of a sentence that exceeded the proper statutory maximum, when his challenge was previously precluded by binding circuit precedent that has since been overruled by the circuit sitting en banc on the basis of an intervening decision of this Court.

Question Presented (AI Summary)

Whether a federal prisoner is entitled to bring a habeas claim under the saving clause of Section 2255(e) to challenge the unlawful application of a mandatory minimum sentence, and imposition of a sentence that exceeded the proper statutory maximum, when his challenge was previously precluded by binding circuit precedent that has since been overruled

Docket Entries

2021-11-12
Petition Dismissed - Rule 46.
2021-10-26
Motion to dismiss under Rule 46.2 filed.
2021-10-01
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
2021-09-30
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
2021-08-31
Petition for a writ of certiorari filed. (Response due October 4, 2021)

Attorneys

Michael Jackson
Kevin K. RussellGoldstein and Russell, P.C., Petitioner
Warden, USP-Leavenworth
Elizabeth B. PrelogarSolicitor General, Respondent